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STEWART v. COMMONWEALTH (DEPARTMENT HIGHWAYS). (06/13/62)

June 13, 1962

STEWART, APPELLANT,
v.
COMMONWEALTH (DEPARTMENT OF HIGHWAYS).



Appeal, No. 145, April T., 1962, from order of Court of Common Pleas of Clarion County, Feb. T., 1961, No. 64, in case of Ronald E. Stewart v. Commonwealth of Pennsylvania et al. Order affirmed in part and record returned.

COUNSEL

H. Ray Pope, Jr., for appellant.

Charles A. Mertens, Associate Counsel, with him E. S. Lawhorne, Associate Counsel, and R. D. Holahan, Counsel, State Workmen's Insurance Fund, and David Stahl, Attorney General, for Commonwealth, appellees.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 198 Pa. Super. Page 262]

OPINION BY WATKINS, J.

This is an appeal from an order of the Court of Common Pleas of Clarion County, reversing the decision

[ 198 Pa. Super. Page 263]

    of the Workmen's Compensation Board awarding compensation to Ronald E. Stewart, the claimant-appellant, for total disability.

The claimant was employed by the Pennsylvania Department of Highways, which department, together with the State Workmen's Insurance Fund, are the appellees, in March of 1958, as a general laborer, at an hourly wage of $1.48 and assigned to the Clarion, Pennsylvania office of the Highway Department to do maintenance work. He was 20 years of age at the time and in March had applied for admission to Clarion Teachers College for the term beginning September, 1958.

While so employed, in August, 1958 he sustained an injury while attempting to carry a heavy log. He continued working through the rest of the day and without any loss of time, but could do no heavy work but was given light work such as flagging traffic and similar duties. He did not suffer any loss of wages as a result of this accident from August 7, 1958 to September 4, 1958, when he voluntarily quit his job to enter the fall semester at Clarion Teachers College, where he carried a sixteen-hour weekly schedule.

The referee found the claimant totally disabled; to be a nondescript; that claimant's work was seasonal; that the employer had failed to show work within the reach of the claimant; and found him totally disabled and awarded compensation on that basis for the summer season of 1959.

The claimant appealed from this decision of the referee to the Workmen's Compensation Board and the board modified the referee's order, found that the work was not seasonal; and that the claimant was entitled to total disability compensation. The defendants appealed to the Court of Common Pleas of Clarion County and the order of the Workmen's ...


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